NJSA 2C:35-10: Fighting Drug Possession Charges in NJ

Steps to Take After Being Accused of Narcotics Possession

The Drug Possession Charges in NJold adage, “knowledge is power” is especially fitting in the context of fighting drug possession charges in NJ (2C:35-10). Knowing how to handle yourself during a potential drug arrest can save you major money and even jail time. The following tips below can aid in your fight after being accused of narcotics possession.

Deny Consent to Search

The police cannot legally search your car or person without a search warrant under the Fourth Amendment, unless certain exceptions apply based on the totality of the circumstances. If the officer has probable cause, such as smelling or seeing a drug, then he or she has the right to search and seize. In addition, there are certain emergency exceptions that will allow a police officer to search without a warrant, but they are very narrow and are judged on a case-by-case basis. Therefore if a police officer comes to your door or stops your car DO NOT give him or her consent to search. Your denial of consenting to a search is not reason for probable cause; it is your right.

If you feel you have been subjected to an improper search of your property, the drug possession lawyers at Villani & DeLuca are here to help protect your rights.

Ask Police If you are Free to Go

Always talk to an officer with respect. Ask him or her if you have committed any crimes or if you are being detained. Follow up these questions by asking if you are free to go. If the police say you are not under arrest and are not being detained then you should be free to go. The police can only detain you if they have seen you commit a crime or if they have probable cause to arrest.

Remain Silent

It is vitally important that an arresting officer reads you your Miranda Rights, a formal warning that is a basic reminder of two very important Constitutional rights:

(1) your right to remain silent; and
(2) your right to an attorney.

Exercise your legal right to remain silent by refusing to answer questions without a lawyer present. If the police do not read you these rights or violate them in any way, this is critical to note for your defense. Anything you say cannot be used against you in court if you are not read the Miranda Rights after being arrested. These are constitutional rules set in place that protect all of us.

Your best response is, “I want to speak with my lawyer.”

When facing a situation where you’re being questioned by the police you should have a criminal defense lawyer present. Doing so will ensure that you’re able to fully exercise your rights in the face of the complex legal system. Your best response then is, “I want to speak with my lawyer.” As soon as possible, after the encounter ends, write a detailed documentation of all your observations. Even if it seems minor, it may have enormous legal significance that can lead to suppression of damaging evidence…saving your case.

Call Drug Possession Lawyers at Villani & DeLuca Today For Your Free Consultation

If you have been arrested or are under investigation for a drug offense in Ocean County or Monmouth County, New Jersey, it is critical you make every effort to contact the experienced and knowledgeable NJ criminal defense lawyers to assist you right away. The attorneys at Villani & DeLuca, P.C. are committed to providing strategic and aggressive representations, with only our clients’ best interests in mind, and will make every effort to obtain the best result possible for your case. Contact Villani & DeLuca P.C. for your complimentary initial consultation at 888-389-9533.